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HomeMy WebLinkAbout1981-06-02 Planning and Zoning Board Minutes MINUTES DANIA PLANNING"-& ZONING BOARD REGULAR MEETING JUNE 2, 1981 7 :30 P.M. MEMBERS PRESENT OTHERS PRESENT Loretha Waiters, Vice Chairman Luther Sparkman, Zoning Consultant Howard Blackmon Paul Maxwell, Building Official' Sam Calandra Helen Udell I i MEMBERS ABSENT Skeet Jernigan The regular meeting of the Planning and Zoning Board was called to order by Loretha Waiters, Vice Chairman. Motion was made by Sam Calandra to approve the minutes of the last regular meeting of the Planning and Zoning Board for May 5, 1981, as presented; seconded by Helen Udell and passed unanimously. RECOMMENDATIONS TO CITY COMMISSION: Recommendations made at this regular meeting of the Planning and Zoning Board will be submitted to the City Commission for the regular City Commission meeting of June 9, 1981. 1. PZ-22-81 - Mrs. Waiters announced the agenda item: "PZ-22-81 - Request is made by Medco for a variance to allow the construction of a commercial building with insufficient parking and landscaping; also, a variance is requested to allow an insufficient rear yard setback for the property located at 110 South Federal Highway, legally described as Lots 1 through 8, less the East 8 feet of Lots 1, 4, 5 and 8, and Lots 9 through 16, less the East 8 feet of Lots 9, 12, 13 and 16 , all in Block 25, Town of Modelo (now Dania) , according to the plat thereof recorded in Plat Book B, Page 49, of the public records of Dade County, Florida. Subject property is zoned C-2 (commercial) . The City Commission referred this variance request back to the Planning and Zoning Board at the regular City Commission meeting of May 12, 1981. " Helen Udell abstained from discussion and voting on this variance request due to a possible conflict of interest. Mr. Gerald Mager, Attorney, was present to represent this variance request. Mr. Mager advised the Planning and Zoning Board that a revised plan was presented to the Dania City Commission on May 12th, and that the City Commission felt the Planning and Zoning Board should. see the latest plan. They have tried to meet the concerns of the people across the street in the rear. Mr. Mager stated that it was . a hardship situation because the building burned down; the requested variance is for parking and landscaping. Mr. Larry Simon, Architect, came forward and advised that the new building will be the same size as the old building and that the face of the shopping center would be remodeled. He also stated that french drains would be installed; that the entire rear area would be fenced; dumpsters will be on concrete pads and fenced in; 5 parking, spaces will be added in the rear; concrete bumpers will be installed to protect the fence; a new loading dock will be installed to service the new store and a portion of Pic-N-Pay. Mr. Clarke Walden, Attorney, representing Jack Fisher and Wanda Fisher (Mr. Fisher' s mother) , came forward in objection. Mr. Walden stated that a meeting was held between the owner of the shopping center, their architect, the City, and Mr. Fisher so that the • objections could be made known from the residents across the street. Mr. Walden stated that he has advised his client to take an attitude of compromise, however, the trucks continue to travel south on a one way street and continue to violate numerous city ordinances. Mr. Walden explained that once a structure was destroyed beyond 75%, according to city ordinance, a non-conforming use could not be continued, and that the applicant must show undue hardship in requesting a variance. Mr. Walden presented pictures showing trucks parked in the street, trash in the rear of the shopping center, etc. Mr. Walden suggested that the existing loading area be closed and that any loading planned for this area be accomplished from the front of the store. Mr. Walden further suggested that nothing at all be rebuilt, and that this area should be used for additional parking and loading areas. Mr. Jack Fisher came forward and went over his objections again. Mr. Lee Williams of 118 SW First Avenue came forward in objection. Mr. Mager came forward again and stated that he felt that the law enforcement agency should regulate the parking of the trucks in the street. Mr. Mager felt that the destroyed building should be considered a portion of the shopping center whereby only 25% of the total strucutre has been destroyed. j Mr. Sparkman recommended a 60 day trial period to see if the parking can be worked out and if not, that the request be denied. Mr. Maxwell stated that he was of the opinion that the problems had been resolved except for the existing loading and drainage. Mr. Sparkman further stated that unless the loading area problem is resolved, he did not see how the Board could recommend approval. Mr. Larry Gotlieb, one of the owners of the shopping center, came forward and stated that it would be imposible to unload in the front of the store due to the fact of the fire lane, which was installed upon request of the City and due to the solid concrete median strip installed in the middle of the parking lot, which was also by the request of the City. A motion was made by Loretha Waiters to recommend denial of Variance Request PZ-22-81 until such time that Paul Maxwell, Building Official, ', and Luther Sparkman, Zoning Consultant, could work out the parking; seconded by Howard Blackmon and passed unanimously. 2. PZ-24-81 - Mrs. Waiters announced the agenda item: "PZ-24-81 - Request is made by Ronald L. Tomecek to rezone the property legally described as Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10, Block 4 , Town & Country Estates Section 1, according to the plat thereof recorded in Plat Book 95, Page 12, of the public records of Broward County, Floirda, and generally located between Southeast Seventh Street and Southeast Tenth Street, along Southeast Third Court. Petitioner wishes to rezone from the present RS-6000 (single family residential) zoning classification to RM (multi-family, 12 units per acre) . " Mr. Ronald Tomecek of Florida One Construction was present to represent this rezoning request. Mr. Tomecek presented a proposed site plan. He explained that he wishes to construct townhouses on this property; there would be a total of 20 units on the subject property; and that he felt that this rezoning would create a buffer between the 4 story condominiums to the south and the single family development to the north. Henry Livenston, Alice Perellie, Sam Spina, and Jim Pickston of Meadowbrook Lakes Condominiumns came forward in objection. Planning & Zoning Board - 2 - June 2, 1981 Page Two Carl Zenobia came forward and spoke in favor of this rezoning request. Mr. Tomecek came forward again and stated that he did not see how these people could come up and object when they did not even look at his plan. Mr. Tomecek stated that he has been here for 15 years. He also stated that he felt the objections were unfounded and that if a 4 story building were not already in existence to the south of his property, he would not think about townhouses. Mr. Tomecek also pointed out that these units would not be rentals. Howard Blackmon explained that the Planning & Zoning Board is only a recommending board and it is up to the City Commission to approve. Mr. Blackmon further stated that he could not see stopping growth. Mr. Calandra stated that the lots are presently zoned RS-6000 and he would like to see them stay that way. Mr. Maxwell pointed out the subject property on the map and indicated the landuse designations, the density for this property being 10 units '', per acre, thus creating a step-down density between the multi-family development to the south and the single family development to the north. Mr. Sparkman stated that if this request was contiguous with the present townhouse development to the east he would be in agreement, however, at two blocks away he could not recommend approval. Motion was made by Sam Calandra to recommend denial of Rezoning Request PZ-24-81. Motion died for the lack of a second. Motion was made by Howard Blackmon to recommend approval of Rezoning Request PZ-24-81 from RS-6000 to RM; seconded by Helen Udell and passed on the following roll call vote: Helen Udell - Yes Howard Blackmon - Yes Sam Calandra - No Loretha Waiters - Yes 3. PZ-26-81 - Mrs. Waiters announced the agenda item: "PZ-26-81 - Request is made by Ivory McCutcheon for the property located at 218 Northwest Fifth Avenue, legally described as Lot 15, Block 3 , Town of Dania, according to the plat thereof recorded in Plat Book B, Page 49, ' of the public records of Dade County, Florida, for a variance to allow the construction of a duplex on a lot of insufficient width and square footage, and to allow a variance for a portion of the rear yard setback. Subject property is zoned RD-6000 (duplex) . " Mr. Ivory McCutcheon was present to represent this variance request. No one was present in objection to this variance request. Mr. Sparkman recommended approval. I Motion was made by Helen Udell to recommend approval of Variance Request PZ-26-81 as presented; seconded by Howard Blackmon and passed unanimsouly. 4. PZ-27-81 - Mrs. Waiters announced the agenda item: "PZ-27-81 - Request is made by Melweb Signs, Inc. for the property located at 1881 Stirling Road, legally described as the South 193 feet of the East one-half of the West one-half of the SE4 of the SE4 of the SW4 of Section 3, Township 50 South, Range 42 East, less the South 53 feet, thereof; lying and being in Broward County, Florida, less any dedi- cated right-of-way, for a variance to allow one additional ground supported sign for subject site and to allow this sign to be installedi over the maximum area of 50 square feet according to Ordinance No. 2221 (this is a replacement of an existing sign) . Subject property is zoned B-2 (community business) . " Planning & Zoning Board - 3 - June 2, 1981 Regular Meeting Mr.. Bildner of Melweb Sign Company was present to represent this variance request. Mr. Bildner explained that they wish to change the design of the existing sign from Standard to Chevron. Mr. Maxwell explained that there are two existing pole signs at the present time and the ordinance allows only one. The requested sign is smaller than the existing sign. The sign ordinance does allow two ground supported signs if the property is fronting on two major thoroughfares , however, even though this sign is very close to I-95 , it does not actually have frontage on I-95. Motion was made by Sam Calandra to recommend approval of Variance Request PZ-27-81; seconded by Howard Blackmon and passed unanimously. i 5. PZ-28-81 - Mrs. Waiters announced the agenda item: "PZ-28-81 - Request is made by Rholanda Higgs-Rule and John Rule for the property located at 716 Southwest Sixth Street, legally described as Lot 18 and 19, Block 7 , College Tract, according to the plat thereof recorded', in Plat Book 19, Block 7 , College Tract, according to the plat thereof ' recorded in Plat Book 19, Page 9, of the public records of Broward County, Florida, for a variance to allow the installation of a six foot fence in the front yard setback area; to allow a sign on the premises; and to allow the existing structure to be used as a recre- ation building for R & R Guest Home, Inc. Subject property is zoned RS-6000 (single family residential) . " Rholanda Higgs-Rule of 720 Southwest 6th Street came forward to represent this petition. Mrs. Rule explained that R & R Guest Home is an adult congregate living facility. She further explained that this structure does not meet codes by HRS standards to use this structure for living quarters because it is a frame structure. The structure would strictly be a recreation building. Mr. Maxwell stated that the City Code Inspector did put a notice of violation of the 6 foot fence, which is a part of this variance request. Mr. Sparkman asked Mrs. Rule why she wanted a 6 foot fence in the front yard; Mrs. Rule stated it would be a privacy fence. Mrs. Rule further explained that even though she would like a 6 foot fence in the front yard that the request to use the subject structure for a recreation building for her existing facility is her main concern. ' Motion was made by Sam Calandra to recommend approval on the variance request for a sign and the use of a recreational building for R & R Guest Home in Variance Request PZ-28-81, but to recommend denial for the request of a 6 foot fence in the front yard setback area; seconded by Helen Udell and passed unanimously. NEW BUSINESS 6. Preliminary site plan review for 125 Bryan Road - Mr. Kenneth Spry, Architect, was present with a preliminary site plan for subject property. He also presented a tree location survey and topo of the property. He explained that the property is presently zoned I-G (industrial) ; the proposed use is for a distribution center. Mr. Sparkman suggested that the Planning and Zoning Board members be given time to review the landscape ordinance. Motion was made by Howard Blackmon to defer this item until a special meeting could be held and set that meeting for June 8 , 1981, at 6 : 00 p.m. ; seconded by Sam Calandra and passed unanimously. Meeting adjourned at 10:13 p.m. I Planning & Zoning Board - 4 - June 2, 1981 Regular Meeting